August 11, 2026

Misdiagnosis: Judicial Activism « James Madison Institute

In the wake of the latest in a series of cases on the Affordable Health Care for America Act–Obamacare to its detractors, the Holy Grail of legislation to its defenders–the pejorative of “judicial activism” has been leveled  at Judge Roger Vinson and his ruling striking down the law. While the White House avoids using the term judicial, […]

Looking at “Signing Unconstitutional Laws” by William Baude (part 2)

Continuing my look at William Baude’s “Signing Unconstitutional Laws” (86 Ind. L. J. (forthcoming 2011))… We had just finished look at the summation of why Baude did not believe the act of signing unconstitutional laws was in itself unconstitutional.  In reviewing the arguments of those opposed to signing such laws, Baude states that the reasons […]